High Court Patna High Court - Orders

Navin Singh vs The State Of Bihar on 16 August, 2011

Patna High Court – Orders
Navin Singh vs The State Of Bihar on 16 August, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Criminal Miscellaneous No.26612 of 2011
                           Navin Singh, S/o Sh. Rudal Singh.
                                         Versus
                                   The State of Bihar
                                      --------------

02. 16.08.2011 Heard learned counsel for the petitioner and the

State.

The petitioner seeks bail in a case instituted for

the offences under Section 302/34 of the Indian Penal

Code.

Initially on the recovery of a dead body of an

unknown male the present case was instituted. During

investigation the father of the deceased disclosed that his

son had got married to one girl against the parent’s

wishes and they had eloped were living in Kanpur but by

deception they were brought back and it was suspected

that the petitioner was involved in killing of the deceased.

Admittedly there is no eye-witness to the occurrence and

apart from the vague suspicion there is no cogent material

against him.

Considering the aforesaid fact as also that the

petitioner has fair antecedents, let the petitioner, above

named be released on bail on furnishing bail bond of Rs.

5,000/- (Five Thousand) with two sureties of the like

amount each or any other surety as fixed by the Court to

the satisfaction of Chief Judicial Magistrate, Saran at

Chapra in connection with Sonepur P.S. Case No. 16 of
2

2010 subject to the following conditions:- (i) That one of

the bailors will be a close relative of the petitioner who will

give an affidavit giving genealogy as to how he is related

with the petitioner and the other bailor shall be local since

the petitioner belongs to Vaishali. The bailor will also

undertake to inform the Court if there is any change in

the address of the petitioner. (ii) That the affidavit shall

clearly state that the petitioner is not an accused in any

other case and if he is he shall not be released on bail. (iii)

That the bailor shall also state on affidavit that he will

inform the court concerned if the petitioner is implicated

in any other case of similar nature after his release in the

present case and thereafter the court below will be at

liberty to initiate the proceeding for cancellation of bail on

the ground of misuse. (iv) That the petitioner will give an

undertaking that he will receive the police papers on the

given date and be present on date fixed for charge and if

he fails to do so on two given dates and delays the trial in

any manner, his bail will be liable to be cancelled for

reasons of misuse. (v) That the petitioner will be well

represented on each date and if he fails to do so on two

consecutive dates, his bail will be liable to be cancelled.

Vikash/-                                 (Anjana Prakash, J.)